Legal Opinion
Tri-Land Properties, Inc. v. 115 West 28th Street Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 17, 1997PublishedCited by 6 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Stuart Cohen, J.), entered October 3, 1996, which, in an action to foreclose a mortgage, inter alia, granted plaintiff’s motion for summary judgment, unanimously affirmed, without costs.
Even if plaintiff had somehow waived its right to foreclose the first mortgage on defendants-appellants’ property, the waiver could be withdrawn in these circumstances. Subsequent correspondence clearly gave appellants notice that plaintiff was revoking its waiver, if there ever was one, and sufficient time to cure deficiencies in order to avoid foreclosure (see, Nassau…
2Cases cited4 opinions
- Nassau Trust Co. v. Montrose Concrete Products Corp.New York Court of Appeals · 1982
- Tierney v. Capricorn InvestorsAppellate Division of the Supreme Court of the State of New York · 1993
- State Bank v. FioravantiNew York Court of Appeals · 1980
- Norton Co. v. C-TC 9th Avenue PartnershipAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by6 opinions
- First Union Mortgage Corp. v. FernAppellate Division of the Supreme Court of the State of New York · 2002
- Elliot v. NelsonDistrict Court, S.D. New York · 2004
- Tri-Land Properties, Inc. v. 115 West 28th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Tri-Land Properties, Inc. v. 115 West 28th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- GMS Capital Corp. v. ShafranAppellate Division of the Supreme Court of the State of New York · 1998
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